United States Sixth Circuit

In a union's suit against an employer to compel arbitration for violating the parties' collective bargaining agreement (CBA) by subcontracting out operations to third parties employing non-union members, a grant of union's motion for summary judgment is affirmed where: 1) neither defendant's subcontracting nor the parties' execution of the Letter of Understanding demonstrates an intent to exclude union's subcontracting grievances from arbitration under the agreement; and 2) defendant has failed to rebut the presumption in favor of arbitrability and the district court correctly compelled arbitration.

Appellate Information

• Argued 08/03/2010
• Decided 08/25/2010
• Published 08/25/2010

Judges

• COLE

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Timothy P. Reilly, Frederick Perillo